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    • ok looks like that's what you need to do. but keep it bare bones for now as post 5  
    • stuff and all if there no signed agreement in the return   dx  
    • 1st again why do you keep changing things before you send them   you've added counterclaim in to our std CPR 31:14 you sent? why? this opens you up to additional costs and I hope you didnt tick counterclaim when you did AOS on mcol too?   also I notice you've  played with our std OD defence above too...   pers I would refrain from continuing to change things as they are written in the frain they are for specific reasons.   your defence is due by 4pm Monday [day 33]   here are 2 versions you will ofcourse need to adapt them to lowells para no's and remove the NOA stuff as your docs show Lowell have complied with those. but don't forget to mention other documents provided to date notably statements contain no proof they came from Lloyds but rather Lowells own internal data system    dx   1. It is admitted with regards to the Defendant entering into an Agreement referred to in the Particulars of Claim ('the Agreement') with the [insert original creditor] . .  2. The defendant denies that the account exceeded the agreed overdraft limit due to overdrawing of funds but is as a result of unfair and extortionate bank charges/penalties being applied to the account. .  3. I refute the claimants claim is owed or payable. The amount claimed is comprised of amongst others default penalties/charges levied on the account for alleged late, missed or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety. .  4. It is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon. .  5. The claimant is denied from added section 69 interest within the total claimed that as yet to be decided at the courts discretion. .  6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. .  The claimant is also put to strict proof to:-. .  (a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, that this claim is based on.  (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.  (c) Provide a breakdown of their excessive charging/fees levied to the account with justification.  (d) Show how the Claimant has reached the amount claimed.  (e) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct. .  7. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated [xxxxxxx] namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request. .  By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. .  .............. or  Particulars of Claim  1.The claim is for the sum of 2470.56 in respect of monies owing pursuant to an overdraft facility under account number XXXXXX XXXXXXXXXX.  2.The debt was legally assigned by Santander UK Plc to the claimant and notice has been served.   3.The Defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account.   The Claimant claims:  The sum of 2470.56 Interest pursuant to s69 of the county courticon Act 1984 at a rate of 8.00 percent from the 7/04/2015 to the date hereof 14 days is the sum of 7.58Daily interest at the rate of .54  Costs Defence  The Defendant contends that the particulars of the claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. It is admitted with regards to the Defendant once having had banking facilities with the original creditor Santander Bank. It is denied that I am indebted for any alleged balance claimed.   2. Paragraph 2 is denied.I am not aware or ever receiving any Notice of Assignment pursuant to the Law and Property Act 1925. It is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.   3. Paragraph 3 is denied. The Original Creditor has never served notice pursuant to 76(1) and 98(1) of the CCA1974  Any alleged amount claimed could only consist in the main of default penalties/charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbeyicon National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.  4. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.  The claimant is also put to strict proof to:-.  (a) Provide a copy agreement/overdraft facility arrangement along with the Terms and conditions at inception that this claim is based on.  (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.  (c) Provide a breakdown of all excessive charging/fees and show how the Claimant has reached the amount claimed.   (d) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (e) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.  5. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated April 2015 namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request.   By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  Regards  Andy    
    • Hi   Just read your thread and looked at the Docs posted in your PDF.   1. from AST to rent a Car Parking space you need to have signed a Car Parking Agreement for a Space and for visitors you should have asked permission for another space in advance with a fee to pay. (i also assume renting a parking space would be at a cost)   2. You have no signed Car Parking Agreement nor visitor space agreement.   Did you not fully read that AST before you signed it and pick up what is stated about parking and ask them about this Car Parking Agreement and if you need one to park in the car park?   You could formally complain to them about what was verbally said to you but unless you have evidence of this it may be hard to prove.   You should also contact them and ask how you go about renting a Car Parking space/costs and about the Car Parking Agreement also what the process is for a visitor car parking space/costs.   You need to be aware that they could class you and your visitor as illegally parking in there car park without consent nor a signed car parking agreement which they could use as a Breach of your Tenancy Agreement so you need to be careful in how you are approaching this and where you are parking.   Just for info on checking Manchester Life website they have numerous buildings/apartments/car parks but you may be in a building where some of the apartments are leasehold and as part of there leasehold they may have purchased a car parking space in that building. (so how do you know you are not parking in a space that someone in the building has legally purchased?)
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yaliyas

Palmer Biggs threaten legal action counterfeit fabric? eBay

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Hi,

 

I have received a letter from solicitors regarding 8 metres of fabric that I sold on eBay and Etsy claiming that I import and sell counterfeit products. I bought this fabric online to make curtains and then changed my mind and decided to sell them myself...

 

They're asking for over £2,000 and the total selling price of the fabric was £250...

 

I don't know what to do! Any help would be much appreciated.

 

Thank you

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Wed need a bit more info than that...

 

Selling counterfeit products would prob be a civil action, although that on its own is not sufficient do they claim to represent someone ?

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Also, please will you post up the letter you have received in PDF format – having removed all the personal contact details.

 

Please be aware that we had a lot of this kind of thing complained about in the past. Don't start panicking


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Hi

 

Yes, they're representing Cath Kidston. It seems like the solicitors bought the fabric from me pretending to be a genuine buyer and say that this is a counterfeit fabric.

 

I sew as a hobby and buy most of my fabric from ebay/etsy and Cath Kidston's outlet store. I also sell the fabric leftover from a sewing project on eBay to cover the cost of my hobby.

 

I bought this fabric from an online fabric store back in August who claimed the stock was genuine leftover stock. The price was good so I bought some to make curtains. When it arrived, I realised that it wouldn't be suitable for curtains so I decided to sell it.

 

When I received the letter this morning, I checked the website that I bought the fabric and found out that it's shut down sue to selling counterfeit fabric. I never would have thought that they would make fake fabric...

 

Like I said, I only made about £250 from selling this fabric and the 80 page letter claims I should pay them more than £2,000 in legal fees, sign and return their letter by the 2nd of January...

 

Thank you so much for your help!

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Thread moved to the appropriate forum...please continue to post here to your thread.

 

Regards

 

Andy


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I should also mention that I had less than a meter of this fabric left so I ended the ebay listing right away.

 

Should I be seeking legal advice straight away?

I've never been in a legal trouble before and don't know what to do.

 

Sorry, not familiar with this site, should I be replying to another thread. (you said, you moved this thread to the appropriate thread...)

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Firstly, refer these solicitors to the on-line store your purchased the fabric from, and inform them that you purchased the fabric innocently and in good faith, and therefore they do not have a cause of action to pursue you for any damages they claim, their client's cause of action lay against the on-line store.

 

Secondly, this 80 - page letter they have sent you seems to be excessive and possibly designed to cause you distress and anxiety and confusion so as to get you to pay up.

 

They will have to prove that you knew the fabric was fake when you purchased it and that you knew the fabric was fake when you advertised for sale, and that you intended to make gains and benefits from the sale. They will also have to prove that you knew you were breaching copyright law on the said fabric.

 

Merry Christmas

 

Haunter

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how exactly are they claiming that its counterfeit?


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Which companies it that's after you?

 

There are quite a few of these around seem to see themselves as Enforcers and want to make a fast buck.

 

Who are the copyright owners? What is their authority to act? How do they calculate the amount of money they are claiming?

 

Someone above has advised that because you are an innocent party, that there is no basis for any action against you. I'm not entirely sure that this is correct. However, I don't think that you are in the danger that you think you are and I don't think that the claim against you is at all reasonable – and so I don't think you should give in.

 

Quite a lot of these companies rely on causing fear and anxiety in the people there against.

 

Who is it who has written to you? Please will you post the letter in PDF format – as requested above. – Hang on a minute I've just noticed that you said it was 80 pages. Is that really right?

 

I certainly don't at all suggest that you sign it.

 

You say that they bought some of the fabric from you – how much did you sell to them? You said that the issue was about 8 m of fabric. Is this correct?


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The solicitors bought the fabric from me so they have it in their hands.

Cath Kidston is their customer.

 

The letter says that this fabric was not released on to the market with their client's consent.

So maybe they're not saying counterfeit but they're saying that I shouldn't have bought it online and then sold it on eBay...

I got confused when I checked the website and saw the notice that says the website is shut down for selling counterfeit fabric...

 

The letter is 50 pages (sorry for the typo above) with lots of photos of the fabric and ebay listing page printouts

(you're right, it might be a scaring tactic...).

 

I don't have the facility to scan documents so don't know how I can show them to you.

 

Should I write them and try to explain that it wasn't my intention to sell the fabric when I bought it.

The letter says that I have to sign the document that they sent through and send it to them by 02 January.

I don't want to admit to something that I didn't really do.

How should I word this letter?

 

Thank you!

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doesnt matter if you didnt have their consent. You bought it. There was no disclaimer saying that you cannot resell it. Or i hope not. So you sold it.

 

As for your last sentence, please dont go contacting them yet. Theyre like ambulance chasers and youre failling for it hook line and sinker.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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They bought 3 metres for £80 and another piece for £8.

 

I must have sold a total of nine metres of this fabric so far...

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Can you show their ebay listing please. Also was there a disclaimer saying you arent allowed to resell it.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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I didn't buy it from ebay. I searched for Cath Kidston fabric on google and found this website and it don't think it said anywhere that I can't re-sell it.

 

http://www.towntiger.com

 

When I visit this site now, it says that the website is shut down for selling counterfeit products.

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I think we need to see at least the first couple of pages of the letter – and the last page – the bit that they are asking you to sign. We don't need to seal the pictures et cetera.

 

I've asked you several times which companies it and you haven't responded.

 

It's difficult enough doing things on a forum at a distance like this. It makes it much harder work if we have to ask you repeat leave the same information. You not helping yourself and you are likely to make people less enthusiastic about helping you.

 

Also, I'd like to know exactly how much profit you made out of it.

 

In other words, how many metres did you have? What you pay for it? How much do you sell it for?

 

I quite agree with you that you shouldn't sign anything and you probably we will have to write a letter but until we know more about it I don't think we can really advise you about what to write. Also, I'm not sure that your best interest served in writing to the company that is chasing you. It might be worth writing to Cath Kidston instead.


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Sorry, I thought you asked for the company Cath Kidston and I replied to that twice. If you're asking for the solicitors, it's Palmer Biggs.

 

I bought 10 metres for £90 and sold about 8 metres of it. I sold some of them in 45x50cm pieces so I'll calculate the total price in a few minutes and post here.

 

Sorry, I wasn't trying to be difficult.

 

I thought I was answering your questions, I'm just a bit confused, that's all.

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… – And the letter please.

 

If you're not able to take a very good photograph and then upload in PDF format then I suggest that you buy a scanner. You can buy an excellent one from PC World for less than £50 and it will last you a long time.

 

I'm sorry to be tough – but we help you for free and you get the equivalent of thousands of pounds worth of free advice here – but we expect you at least to have the tools to use this kind of forum.


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  • Confused 1

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Did a little bit of digging on the Wayback Machine and found towntiger.com has a mirror site at http://www.towntiger.win Nothing on the site to suggest that you can not resell the material.

  • Confused 1

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Please do not send the above letter. Do not send anything yet.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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As the on-line store has been shut down for selling counterfeit goods, its assets might be frozen or confiscated, and so the solicitors are trying to recover any sum claimed as a loss from you!

 

You are not legally responsible for the claimed loss.

 

Carry on sowing.

 

Haunter

 

The OP (yaliyas) has provided more than sufficient information on this matter.

 

My above letter is a "suggested draft letter" and "AMEND AS YOU WISH".

 

The case is straightforward based upon the details provided so far.

 

Haunter

  • Confused 1

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Thank you so much for all your help. I've been reading the other threads that you sent the links to and I still don't know how I feel about this :(

 

The draft letter is much appreciated though!

 

I've gone through my emails to see how much I sold it all for and as suspected it was about £250 and I bought the fabric for £90. I have about a metre of it left and happy to hand it over to them since I can't even stand to look at it now!!!

 

I will upload scanned copies of the first couple of pages as well as the last attachment that they're asking me to sign tonight. I think I found someone who can help me with the scanning...

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you dont have to sign anything. and dont be fooled into thinking you do.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Thank you so much for your help!!!

Do not send the above recommended letter. I'm very sorry to say but the advice that you're being given is wrong. I'm out at the moment and when I get back I will give you more detail.

Just keep on reading around and also I still want to know how much money you have made out of this full stop this is very urgent.


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